Final Decree For Foreclosure In A Redemption Suit On Default Of Payment By Mortgagor (order Xxxiv, Rule 8) Legal Draft Template
| Category | Agreements Civil Procedure Code |
| Format | |
| File name | Final Decree for Foreclosure in a Redemption Suit on Default of Payment by Mortgagor (Order Xxxiv, Rule 8) |
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<h2>1. </h2>Upon
reading the preliminary decree in this suit on the day of and further orders
(if any) dated the day of, and the application of the defendant dated the day
of for a final decree and after hearing the parties, and it appearing that the
payment as directed by the said decree and orders has not been made by the
plaintiff or any person on his behalf or any other person entitled to redeem
the mortgage:It
is hereby ordered and decreed that the plaintiff and all persons claiming
through or under him be and they are hereby absolutely debarred and foreclosed
of and from all right of redemption of and in the property in the aforesaid
preliminary decree mentioned (Word not required to be deleted} [and (if the
plaintiff be in possession of the said mortgaged property) that the plaintiff
shall deliver to the defendant quiet and peaceable possession of the said
mortgaged property].2.
And
it is hereby further declared that the whole of the liability whatsoever of the
plaintiff up to this day arising from the said mortgage mentioned in the plaint
or from this suit is hereby discharged and extinguished.